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IdahoS 13072026 regular legislative sessionSenateWALLET

WATER – Amends, repeals, and adds to existing law to provide for the delivery of water.

Sponsored By: RESOURCES AND ENVIRONMENT COMMITTEE

Signed by Governor

WATER

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 2 benefits, 5 costs, 6 mixed.

Injured owners can recover water damages

The law prohibits wrongful water diversion, interference, and damage to delivery structures without consent from the relevant delivery organization, manager, or watermaster. A person injured by a violation can sue for three times their actual damages. Property owners can also sue water users whose willful or wanton waste causes damage to their land.

Late water payments face added charges

The secretary-treasurer must assess users by April 15, with payment due May 1. If unpaid on June 15, a 10% penalty may be added. The total amount then due accrues 10% yearly interest from June 15 until paid. At the annual meeting, users can vote for different notice dates, payment dates, and late fees. Every user must receive at least 15 days' notice to pay under an alternative schedule.

Water users lose some legal protections

The law removes the specific damages remedy against ditch, canal, or conduit owners for depriving people of entitled water. It also removes express misdemeanor coverage for a superintendent's or another person's willful neglect or refusal to deliver water. Willfully and wrongfully preventing or interfering with proper delivery to an entitled user remains a misdemeanor.

Water users must maintain shared channels

Water users must keep shared water channels in good condition for delivery. Delivery organizations can give written notice of problems and a reasonable time to fix them. If problems remain, the organization can refuse water delivery. Users or associations neglecting these duties cannot sue the organization, including for damages, over failure to deliver or distribute water.

Unpaid water bills threaten land and delivery

Users with delinquent assessments cannot demand or receive water from their shared channel. Delivery requires both a board order and security for payment that the board accepts. Assessments, penalties, and interest are priority liens on water-entitled land, behind tax liens and water delivery organization assessment liens. These liens must be recorded and collected under Idaho's lien procedures. The association board, manager, or delivery organization can sue, seeking unpaid amounts, penalties, interest, collection costs, and court-approved reasonable attorney costs and fees.

Water managers protect delivery but cost

Lateral managers must divide and deliver each user's water entitlement properly for the next irrigation season. If the annual meeting leaves the job unfilled, the association board or a majority-signed user document can select a manager. The selection and pay must be documented with the delivery organization or watermaster. Without a manager, the delivery organization can refuse water after reasonable notice. One or more users can request a delivery-organization appointment, with the manager's pay charged to users. That appointment ends no later than the end of that year; the manager can collect assessments but cannot borrow or pledge association assets.

Water projects gain loans and shared costs

Water users' associations can borrow, mortgage or pledge association assets, and charge assessments to repay loans. All users must receive written notice describing the proposal and election details at least 10 days before voting. Approval requires a majority vote of users present, under the water-entitlement voting rules. Constructing districts can also contract with outside beneficiaries to share dam and water-work improvement costs, including design, construction, and land acquisition. Payments cannot extend beyond the district's financing bond period, and unpaid balances carry its average bond interest rate. Contracting irrigation districts need two-thirds voter approval, then levy annual land assessments collected like bond assessments. Operating companies with lien rights collect annual costs through tolls or assessments. Water users' associations include these annual costs in their regular assessments.

Water users get delivery measurement standards

Water delivery organizations must provide structures and devices to control and measure water at delivery points. Their bylaws or controlling documents can provide otherwise. Measuring devices must meet standards approved by the Idaho Department of Water Resources.

Shared water users pay upkeep costs

Association boards and managers inspect shared channels and estimate next season's operating, improvement, repair, and maintenance costs. Users pay those costs and officer and manager compensation through assessments based on their share of water entitlement. For lots within cities or villages, associations can instead charge by lot, uniformly for lots of the same size. The manager or secretary-treasurer collects payments into an account in the association's name. The secretary-treasurer keeps the funds there and pays costs under board direction.

Shared water users must organize

Idaho users sharing a ditch, canal, or conduit outside a water delivery organization's operation must belong to a water users' association. Associations elect a chair, vice chair, secretary-treasurer, and manager, and set their pay. Annual meetings run from January 1 through the last Monday in March, with 10 days' written notice. If none is called, the meeting occurs on that last Monday. Users get one vote per inch of water entitlement; entities can name a representative. Majority votes can set management rules, combine laterals, or abandon unused ones. Effective on enactment, the law also repeals Idaho's former chapter on water distribution to consumers.

State managers address harmful water disputes

Users sharing natural-source diversion points can request a state-appointed manager when they have not selected one. Their written request must allege improper water distribution that harms users' water rights. Idaho's water director allows 14 days for written responses, except for a serious threat of imminent personal or property injury. The director considers recommendations, sets manager pay, and provides hearing rights to affected people. The manager can set and collect assessments, but cannot borrow, mortgage, or pledge assets; the appointment ends by year-end.

Users can authorize repairs with charges

If an association has neither a board nor a manager, a user can authorize necessary repairs, improvements, or upkeep. The delivery organization's board must approve the work by resolution. The organization can enter the right-of-way using the authorizing user's access rights and charge authorizing users the annual work cost. These charges are additional to standard delivery assessments, and unpaid charges face collection rules. The work does not transfer ownership or make the organization liable for injury caused by the authorizing user.

Users can leave but keep earlier debts

You can leave a water users' association by giving written notice and proof that your land no longer qualifies for water. The proof must cover the delivery organization and the delivery or diversion points supplying the shared channel. Leaving does not erase delinquent assessments or recorded liens that accrued before withdrawal.

Sponsors & Cosponsors

Sponsor

  • RESOURCES AND ENVIRONMENT COMMITTEE

    Affiliation unavailable

Cosponsors

  • Van T. Burtenshaw

    Republican • Senate

  • Stephanie Jo Mickelsen

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 94 • No: 10

House vote • 3/19/2026

House Floor Vote

Yes: 60 • No: 10

Senate vote • 3/3/2026

Senate Floor Vote

Yes: 34 • No: 0

Actions Timeline

  1. Signed by Governor on 03/24/26 Session Law Chapter 112 Effective: 07/01/2026

    3/24/2026

  2. Reported delivered to Governor at 3:45 p.m. on 03/23/26

    3/24/2026

  3. Reported signed by the Speaker & ordered delivered to Governor

    3/23/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    3/23/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    3/20/2026Senate

  6. Returned From House Passed; referred to enrolling

    3/19/2026Senate

  7. Read Third Time in Full – PASSED - 60-10-0

    3/19/2026House

  8. Read second time; Filed for Third Reading

    3/18/2026House

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/17/2026House

  10. Read First Time, Referred to Resources & Conservation

    3/4/2026House

  11. Received from the Senate, Filed for First Reading

    3/4/2026House

  12. Read third time in full – PASSED - 34-0-1

    3/3/2026Senate

  13. Read second time; filed for Third Reading

    2/27/2026Senate

  14. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/26/2026Senate

  15. Reported Printed; referred to Resources & Environment

    2/17/2026Senate

  16. Introduced; read first time; referred to JR for Printing

    2/16/2026Senate

Bill Text

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